✦ High Court of India · 13 Mar 2025

High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,192 words

.....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction, more particurarry one in the nature of Writ of Mandamus, to declare the inaction of the respondent Nos.4 and 5 in considering the F- line petition vide Application No. DER02240 1121401 , dt. 21_ 12-2024 filed by the writ petitioner, as i,egar, arbitrary and against the principres of the naturar justice and consequenfly direct the respondents 4 and 5 to consider the petitioner/application as per law. LA.NO:1 OF 2025 Petition Linrle- Section 151 CPC praying that in the cirr:umsrtances stated in the affidavit filed in ; rpport of the petition, the High Courl may be pleased to direct the responcsrrtl No.4 and 5 to consider the petition/ applicrtion filed by the petrtioner as pe'l;,v,/, pending disposal of the main writ petition' Counsel for the Petiti<>ner : SRI V.T'KALYAN counsel for the' Flesirrr>ndents : AGP FOR REVENUE The Court made th€' 'ollowing ORDER THE HON'BLE SRI JUSTI cE c.v.BHASKAR REDDY WRIT PETITION No.7744 of 2o25 ORDER: ,This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, it is therefore, prayed that this Hontrle Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, to decrare the inaction of the respondent Nos.4 & 5 1n considering the F-line petition vide Application. No DEFiO2240t r2140t, dt. 21-12-2024 filed by the writ petitioner, as illegal, arbitrary andi against the principles of the natural justice and consequently direct the respbndents 4 and S to consider the petitioner application as per law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. The petitioner claims to be the absolute owner, possessor and pattadar' of agricultural land admeasuring to an extent ofAcs. 2.0000 guntas in Survey No.1495/Uoo, situated at Armoor Division, Balkonda Village and Mandal, Nizamabad District (for short, the subject propertyJ and the petitioner was issued a patta passbook uide passbook No.T11020042939, Khata No.60963 under the provisions of the Terangana Rights in Land and Pattadar Passbooks Act, 2o2o in respect of the subject property. It is further stated that since there is some dispute with the neighbours in respect of the subject property, petitioner has submitted F-line application No'DER02240 1,l2r4or dated 21. r2-2o24 to respondent Nos.4 and 5 by paying requisite fee to conduct survey of the subject property and frx the boundaries' The grievance of the petitioner is that even after receiving the said F-Line application, the respondent authorities are not conducting survey and fixation ofthe boundaries. r- 1 2 cvB,. W.P.No.7744 oJ 2O2,

3.C.:nslrleredthesubmissionsofthelearrLedCounselforthe petitioner and le : :ned Assistant Government Pieader [or Re venue appearing for. the resprtn lcrt s and with their consent, this writ p:titi'rn is disposed of at the admissirrr. s[age

4. Lt:arl t.:d counsel for the petitioner has submitt ed that in terms of the circu a,. issued by the commissioner, Surve'7, slttlements and Land Records, thr: :er;.rtndents are bound to consider t)-re appli:ation within 45 days from ttte da e of the application after collecting nec?sstry bharges'

5. Lt:ar-rr,:d Assistant Government Pleadel' fot Revenue appearlng for the respo -rcl::rts has submitted lhat the resnonrlent authorities will consider th,: tfor:said F-Line application submitted cy t he petitioner by following dtre prrrcedure laid down under law and :on< iuct survey and demarcate tht sr trlect land by lixing boundaries.

6. 11 is ;:ttled law that the Survey Departrnenr. ha'; the authority to conduct surv( v il:td demarcate lands in accordan<:e with :he provisions of the Telangan:. l-,t rtd Revenue Act, 1317 Fasli (Act No. VIII ol 1317 Fasli), the Telangana Sr.rrr lt, and Boundaries Act, 1923, and th e Rules framed thereunder. J'h,: Government has issued various cir<:ula: s specifying the conditions lbl i r,rrducting surveys, particularly F J-ine (fie d measurement) surveys. Inclir Ldr zLls requesting such surveys are required 1c submit specific documents and rf the conditions stipulated in the t:irctLlars are fulfltlled, 3 CVBR, J W.P.No.7744 of 2O25 survey and boundary fixation may be conducted. The commissioner, Survey, Settleinents and Land Records, exercising powers under the Telangana Survey and Boundaries Act, 1923, issued relevant circulars from time to time vide Rc.No.Nl/6543/99, dated 2S.OZ.2OOt, Rc.No.Nt/ t4O8/OZ, d.ated, 73.07:2oo7 and Rc.No.N2 lrr4rl2o1o, dated 18.05.20r0 stipulating the conditions for conducting survey of private lands and as per the said circulars, if the petitioner fulfills all the conditions of the said circular, it is an ob[rgation for the respondents to conduct survey within the time specified i in theisaid circulars. ) ) V. In view of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition directing respondent Nos.4 and 5 to e>qamine the F-Line application urde No.DERo224orL2r4or dated 21.12:2024 submitted by the petitioner for conducting survey and demaqcation by fixing boundary stones in respect ofthe subject property and if the lpetitioner fulhlls all the conditions mentioned in the circulars issued by thq commissioner, Survey, Settlements and Land Records from time to time, i after issuing notices to all the persons interested and adjacent pattadars and after considering their objections, respondent Nos.4 and 5 shall conduct survey of the aforesaid land within a period of eight (og) weeks i from ttte date of receipt of a copy of this order. 8 With the above observations, this Writ petition is disposed of There shall be no order as to costs 1 4 C Vr.|.No.7744 of 2O closed As a sec urr , the miscellaneous petitions penrling' il rny' shall stand RiftralyxtS,EFRRI / \' //TRUE COPY// I To

1. 2 3.

6. 7 o iSiECllON OFFTCER Department' Se'ctblariat Sta 'e of The Prini'ripel Secretary' .Revenue Telanrla, a.t Hyderabao +ffi ,*:J,[, --.rbad District at Nizamab-rd. , ;".]i,ili.lJi2X["Xlli'1""' bJi'i-' Barkond a N4a rdar' Tiail:if::l ?$11," otti"''' Armoor Division' Barkorda rr'4an< ar' Nizamabad ?it'[J;'.ro, ]iurveyor, Armoor Division' Balkonda Mandal' Niz rmabad Two ()C,s '.c 3P FOR REVENUE, High Court for the rstat€ of Telangana at BISrt'?;] r,Rl,l\ *'"oN' Advocate roPU cl Two 'ltl C)(lt)ies SA $tq. Distrirl. -1:a:-- ftit e s 4 '(- ( l1 JltN zffi ( z t (J t J'. --. . HIGH COLIFIT DATED:13t10312025 ORDER WP.No.774,4 ot 2025 DISPOSIT.IG OF THE W-P WITHOU] C OSTS. \s\,{ "1

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments